QUESTION
If I get married to my U.S citizen boyfriend and he files a petition for me, will I be sent to Mexico?
Asked on Feb 26th, 2013 on Immigration - Nevada
More details to this question:
If I get married to my U.S citizen boyfriend and he files a petition for me, will I be sent to Mexico? I am included in my family's i130 application to obtain citizenship through my aunt, which was filed in 1999 and got the acceptance letter in 2004. I was told that my family will not be sent to Mexico since our application was filed in 1999 and any applicants who filed before 2001 will not be sent to Mexico. Even if I don't obtain citizenship by my family's application, but by my boyfriend if we marry, will I be sent to Mexico?
6 ANSWERS
If you are protected under 245i because that petition was filed in 1999 and presumably you have not gone abroad since then, then you are protected and will be able to adjust status on the basis of marriage to a US citizen and you will not have to go back to Mexico.
Answered on Feb 28th, 2013 at 8:06 PM
Adebola O. Asekun
I don't believe you will be sent to Mexico to visa process since it seems you will be applying for adjustment under s.245(i) INA. To get green card under that statute, you must pay $1000.00 penalty in addition to the normal CIS fees. But you'd need to prove you qualify to adjust under s.245(i) INA, and as such, I'd suggest you speak to an immigration attorney to review your case
Answered on Feb 28th, 2013 at 4:28 AM
It appears that you will be eligible to apply for a green card through your boyfriend without having to leave the US if you get married. You would be covered by INA 245 (i) because of your aunt's petition from 1999.
Answered on Feb 27th, 2013 at 9:41 PM
If you are 245(i) eligible, then you will not have to leave the US to process. That is great news if you are 245(i). Just be sure to document that in your application packet.
Answered on Feb 27th, 2013 at 9:31 PM
Rebecca T White
From what you describe you can likely apply and file from within the United States for adjustment of status, but more information is needed. You and your boyfriend should set a consultation before getting married to fully review your options.
Answered on Feb 27th, 2013 at 8:57 PM
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Did you enter the U.S. without a visa/inspection? If so, you may still be eligible for a green card under 245(i), which would allow you to stay in the U.S. and adjust status to permanent resident.
Answered on Feb 27th, 2013 at 6:38 PM